Poverty Law Publications - Legal Resources
The Legal Problems of Everyday Life
April 16, 2008 - 8:59pmThis is a study of the legal problems that, for the most part, people do not take to the formal justice system to resolve. It looks at legal problems experienced by the public in their daily lives, based on a survey of 6665 adult Canadians. The author concludes that “access to justice services can play an important role in building an inclusive society, diminishing social disadvantage, dependency and the related costs to public service. Access to justice gives effect to full citizenship, assisting people without the means to do so themselves to resolve or avoid the problems that might limit their ability to enjoy the benefits that are the fundamental purposes of society.”
A National Survey of the Civil Justice Problems of Low and Moderate Income Canadians: Incidence and Patterns
April 16, 2008 - 9:09pmThis is a study of problems having legal aspects experienced by low and moderate income Canadians. The main objectives of the study are to determine the incidence of law-related problems among this segment of the population and the social and demographic groups that are most vulnerable to problems.
The study identified a number of marginalized groups who had legal problems, including a growing segment of the labour force in unstable forms of non-standard employment, such as part-time work and marginal self-employment. These workers have lower and frequently interrupted incomes, limited access to benefits such as medical care, dental care and no pension benefits other than the minimal public pension system.This long-term structural change in the economy may signal the need for increased legal assistance.
Self-Represented Litigants in Nova Scotia: Needs Assessment Study
April 16, 2008 - 9:12pmThe Self-Represented Litigants Project of the Court Services division of the Nova Scotia Department of Justice surveyed judges, court staff and self-represented litigants (SRLs) to identify the greatest needs for courts and SRLs and to make recommendations to improve services and develop realistic programs for people representing themselves. The project team also observed 20 court hearings that involved the participation of one or more SRLs. The research confirmed that people representing themselves’ lack of knowledge puts them at a disadvantage in their proceedings, most commonly in relation to family, criminal and small claims matters. The inability to properly represent themselves stems from a lack of knowledge about the pre-filing preparations such as filling out forms, the rules of evidence, and how to present a case. A lack of awareness of where to obtain legal information and the inability to distinguish between legal information and legal advice is also a factor. The study made 20 recommendations for ways to improve the ability of self represented litigants to represent themselves effectively.
Five Habits for Cross Cultural Lawyering
April 16, 2008 - 9:49pmThis article describes how “culture” shapes what each of us knows, understands and values; culture shapes how we make sense of the world. The authors suggest that all lawyering is in fact cross-cultural, not only because lawyers and their clients frequently have different cultural backgrounds, but because “law” itself can be understood as a particular culture. Lawyers need to learn how to identify their own assumptions, and to develop the capacity to enter the cultural imagination of others if they are to form meaningful relationships with clients that are grounded in trust. The authors propose “five habits” that lawyers should attempt to develop, so that they learn to challenge their own cultural assumptions and to genuinely hear and respect others. The “habits” are also intended to assist in planning the presentation of a legal case, anticipating how decisionmakers will hear and understand (or misunderstand) a client’s situation.
Although this article was written with lawyers in mind, these assumptions of course are also of relevance to advocates and community workers who work with immigrant and refugee communities regarding access to justice issues.